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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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03 Dec Discrimination Lawsuit Torpedoed by Poor Fundamentals

A mixed-race transgender former employee alleged that his supervisor made derogatory statements about his race and gender and that he was constructively discharged. This sounds like a case with several hot button issues that could make national news over the coming months, right? Well…no.   The plaintiff filed a federal lawsuit in the U.S. Court for the Middle District of Pennsylvania claiming race, national origin, and gender discrimination in violation of Title VII, Section 1981, and the Pennsylvania Human Relations Act (“PHRA”).   On November…

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18 Oct New Federal Lawsuit Pits Religion Against Gay Rights in Employment Context

On Oct. 6, the U.S. Pastor Council and Hotze Health & Wellness Center filed a federal class action lawsuit against the Equal Employment Opportunity Commission (EEOC) and Attorney General Jeff Sessions in Texas. Plaintiffs seek a declaratory judgment that Title VII violates the Religious Freedom Restoration Act (“RFRA”) and the First Amendment because it does not provide a religious exemption. The U.S. Pastor Council is a non-profit council of approximately 1,000 churches and Hotze Health & Wellness Center is a private Christian-owned business whose owner…

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06 Sep Is Severe Obesity A Disability Under The ADA? The Seventh Circuit Will Decide.

Advocates for the obese are arguing that the United States Court of Appeals for the Seventh Circuit should overturn a holding that obesity does not constitute a disability under the Americans with Disabilities Act (ADA).   The case at hand started in March 2016, when former Chicago Transit Authority (CTA) bus driver Mark Richardson sued the CTA for violation of the ADA, claiming he was discriminated against because of his severe obesity. The CTA moved for summary judgment on the grounds that obesity does not…

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30 Jul Eleventh Circuit Overturns Dismissal of Race-Based Minimum Wage Statute Challenge

On July 25, 2018, the U.S. Court of Appeals for the Eleventh Circuit overturned the Northern District of Alabama’s dismissal of a challenge to Alabama’s Minimum Wage and Right-to-Work Act (the “Act”) on the basis that the Alabama State Legislature may have violated the Fourteenth Amendment in enforcing the Act. In April 2015, the City of Birmingham – which is 72 percent African American and 30 percent below the poverty line – passed an ordinance to raise its minimum wage from $8.50 per hour to…

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14 Jun Supreme Court Says No To Repeat Class Actions After Statute Of Limitations

On June 11, the U.S. Supreme Court unanimously held that filing a class action lawsuit does not toll the statute of limitations for the class to file the same claims again in the future. This means that if the class files claims but is denied class certification, it cannot return to court and file the same claims again if the limitations period expired during the course of the previous litigation.   In China Agritech, Inc. v. Resh, a class of stockholders timely filed a lawsuit…

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